Peters v R

Case [2013] NSWCCA 324


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Peters v R [2013] NSWCCA 324
Hearing dates:29 October 2013
Decision date: 20 December 2013
Before: Latham J at 1
RA Hulme J at 94
Barr AJ at 95
Decision:

1.Leave to appeal against sentence granted

2.Appeal dismissed

Catchwords: CRIMINAL LAW - application seeking leave to appeal sentence - plea of guilty - aggravated break, enter and detain for advantage - applicant secured box allegedly containing explosives around neck of school student in her home in extortion attempt - whether trial judge erred in approach to applicant's mental illness - whether applicant's psychiatric condition causally related to offending conduct - whether House v The King error - whether Muldrock error - whether trial judge failed to make a finding regarding prospects of rehabilitation - whether trial judge erred in failing to make a finding of special circumstances - whether sentence manifestly excessive - sentence not plainly unjust - leave to appeal granted - appeal dismissed
Legislation Cited: Crimes Act 1900
Criminal Appeal Act 1912
Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194
Aoun v R [2011] NSWCCA 284
Courtney v R [2007] NSWCCA 195
Devaney v R [2012] NSWCCA 285
DPP v JG [2010] NSWCCA 222 ; 220 A Crim R 19
Furia v Regina [2010] NSWCCA 326
House v The King (1936) 55 CLR 499
Jiang v R [2010] NSWCCA 277
Lauritsen v The Queen (2000) 22 WAR 442; 114 A Crim R 333
Leach v R [2008] NSWCCA 73
Louizos v R [2009] NSWCCA 71 ; 194 A Crim R 223
Michael v R [2011] NSWCCA 122
Miller v The Queen [1999] WASCA 66
Muldrock v The Queen [2011] HCA 39 ; 244 CLR 120
R v Choi [2010] NSWCCA 318
R v Cramp [2004] NSWCCA 264
R v O'Donoghue (1988) 34 A Crim R 397
R v Engert (1995) 84 A Crim R 67
R v Fidow [2004] NSWCCA 172
R v Israil [2002] NSWCCA 255
R v Israil [2002] NSWCCA 255
R v Louizos [2009] NSWCCA 71 ; 194 A Crim R 223
R v O'Donoghue (1988) 34 A Crim R 392
R v Ramea [2013] NSWCCA 310
R v Stott [2005] NSWCCA 36
Tattersall v R [2011] NSWCCA 282
WW v R [2012] NSWCCA 165
Category:Principal judgment
Parties: Paul Douglas Peters - (Applicant)
Regina - (Crown Respondent)
Representation:

Counsel
T Game SC - (Applicant)
P Ingram SC - (Crown Respondent)

Solicitors
File Number(s):2011/261935
 Decision under appeal 
Date of Decision:
2012-11-20 00:00:00
Before:
PR Zahra SC DCJ
File Number(s):
2011/261935

Judgment

  1. LATHAM J : The applicant, Paul Douglas Peters, seeks leave to appeal against the asserted severity of a sentence imposed upon him by Zahra SC DCJ on 20 November 2012 for the offence of aggravated break, enter and detain for advantage, pursuant to s 112(2) of the Crimes Act 1900, to which the applicant pleaded guilty on 8 March 2012 in the Local Court.

  1. The offence…

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Details
AGLC
Peters v R [2013] NSWCCA 324
Case
[2013] NSWCCA 324
Decision Date

CaseChat Overview and Summary

The applicant, Peters, was convicted of aggravated break, enter and detain for advantage, following a plea of guilty. He had secured a box allegedly containing explosives around the neck of a school student in her home in an attempt to extort money. Peters applied for leave to appeal against his sentence, arguing that the trial judge erred in their approach to his mental illness and whether it was causally related to the offending conduct. The applicant also claimed that the trial judge failed to make findings regarding his prospects of rehabilitation and special circumstances, and that the sentence was manifestly excessive.

The legal issues for the court to decide included whether the trial judge erred in their approach to the applicant's mental illness, whether there was a causal relationship between his psychiatric condition and the offending conduct, and whether there was an error in the approach to the applicant's prospects of rehabilitation and special circumstances. The court also considered whether the sentence was manifestly excessive and whether it was plainly unjust.

In allowing the application for leave to appeal, the court found that there were arguable errors in the trial judge's approach to the applicant's mental illness and the causal relationship to the offending conduct. However, the court dismissed the appeal, finding that the sentence was not plainly unjust and that the trial judge's approach to the applicant's prospects of rehabilitation and special circumstances did not result in a manifestly excessive sentence. The court concluded that while there were arguable errors, they did not lead to a plainly unjust outcome.

The court did not make any specific orders in relation to the sentence, as the appeal was dismissed. However, the applicant was granted leave to appeal, which allowed the case to proceed to the higher court for further consideration of the issues raised.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

LATHAM J HULME J

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Ratio Decidendi

Legal Principle Established

Established by: LATHAM J, HULME J

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